Judicial laws are called penal laws as well. Criminal law, based on the four theories of the criminal justice system, is the body of law and common law dealing with crime and the civil treatment of civil crimes, including treatment, deterrence, incapacitation and recovery. All this imposition of criminal penalties is about the pursuit of justice and a peaceful social order.
In criminal law, the purpose is to exercise social power. It seeks to deter conduct that is harmful to society’s well-being, as well as conduct that undermines the authority and legitimacy of the government. Why You Need to Trust a Reliable Criminal Defense Attorney | Entrepreneurs Break offers excellent info on this.
Criminal laws and penalties are so defined that they serve as deterrents and assist in restraining people’s actions. The penalty is passed out by criminal laws dealing with the creation of procedures for punishing criminals by the state and not by the victim (who may seek revenge).
The criminal charges are filed and in a number of stages the criminal proceedings take place. It is the police who respond to every citizen’s complaint submitted and take action. The police can also feel suspicious and, in those situations, they investigate, take statements from multiple important witnesses and write a report on the basis of the findings. Over the process of the investigation, they will arrest people. Alternatively, they will complete the report (as is normally the case) and send it to the prosecutor’s office for assessment. It will be the prosecutor who determines whether or not any suspect identified in the police report will be charged with criminal charges. However, the mechanisms for filing charges differ between jurisdictions.
There are some jurisdictions that grant the police greater discretionary powers to charge suspects of particular offences, while others provide the prosecutor with greater powers in this regard. After being stopped by the police the person involved i.e. the defendant may be ticketed for a ‘civil infraction’ or may be ticketed or convicted for a ‘misdemeanor’ or maybe even be convicted for a ‘felony’. It may be that the police may apprehend an individual while proposing a particular charge, but criminal charges are typically selected by the prosecutor’s office alone.
The criminal justice phase starts with an alleged crime. The police are investigating the complaint brought by the plaintiff. The police, in this situation, are working as government agents. A lawsuit or an indictment is filed in a court in the proper jurisdiction as a formal charge document as provided by the grand jury.
A district attorney represents the state’s interests. The defendant’s interests are served by the defence counsel or the defendant pro se, that is to say, the defendant acting as his own counsel. Regardless of local rules, the procedure culminates with a jury trial that can be followed by mandatory or voluntary appeals to higher courts. Your rights with the police, your rights in the courts and your rights upon conviction are made clear to you by the criminal lawyer.